LICENSING ACT 2003
Annex 1 - Mandatory conditions
19 Mandatory conditions where licence authorises supply of alcohol
(1) Where a premise licence authorises the supply of alcohol, the licence must include the following conditions.
(2) The first condition is that no supply of alcohol may be made under the premises licence -
(a) at a time when there is no designated premises supervisor in respect of the premises licence, or
(b) at a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended.
(3) The second condition is that every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.
20 Mandatory condition: exhibition of films
(1) Where a premises licence authorises the exhibition of films, the licence must include a condition requiring the admission of children to the exhibition of any film to be restricted in accordance with this section.
(2) Where the film classification body is specified in the licence, unless subsection (3)(b) applies, admission of children must be restricted in accordance with any recommendation made by that body.
(3) Where -
(a) the film classification body is not specified in the licence, or
(b) the relevant licensing authority has notified the holder of the licence that this subsection applies to the film in question,
admission of children must be restricted in accordance with any recommendation made by that licensing authority.
(4) In this section -
“children” means persons aged under 18; and
“film classification body” means the person or persons designated as the authority under section 4 of the Video Recordings Act 1984 (c. 39) (authority to determine suitability of video works for classification).
21 Mandatory condition: door supervision
(1) Where a premises licence includes a condition that at specified times one or more individuals must be at the premises to carry out a security activity, the licence must include a condition that each such individual must be licensed by the Security Industry Authority.
(2) But nothing in subsection (1) requires such a condition to be imposed -
(a) in respect of premises within paragraph 8(3)(a) of Schedule 2 to the Private Security Industry Act 2001 (c. 12) (premises with premises licences authorising plays or films), or
(b) in respect of premises in relation to -
(i) any occasion mentioned in paragraph 8(3)(b) or (c) of that Schedule (premises being used exclusively by club with club premises certificate, under a temporary event notice authorising plays or films or under a gaming licence), or
(ii) any occasion within paragraph 8(3)(d) of that Schedule (occasions prescribed by regulations under that Act).
(3) For the purposes of this section -
(a) “security activity” means an activity to which paragraph 2(1)(a) of that Schedule applies, and
(b) paragraph 8(5) of that Schedule (interpretation of references to an occasion) applies as it applies in relation to paragraph 8 of that Schedule.
The following conditions came into force on 28th May 2014
1. A relevant person shall ensure that no alcohol is sold or supplied for consumption on or off the premises for a price which is less than the permitted price.
2. For the purposes of the condition set out in paragraph 1-
(a) “duty” is to be construed in accordance with the Alcoholic Liquor Duties Act 1979
(b) “permitted price” is the price found by applying the formula-
P = D + (D×V)
where-
(i) P is the permitted price,
(ii) D is the amount of duty chargeable in relation to the alcohol as if the duty were
charged on the date of the sale or supply of the alcohol, and
(iii) V is the rate of value added tax chargeable in relation to the alcohol as if the value added tax were charged on the date of the sale or supply of the alcohol;
(c) “relevant person” means, in relation to premises in respect of which there is in force a premises licence-
(i) the holder of the premises licence,
(ii) the designated premises supervisor (if any) in respect of such a licence, or
(iii) the personal licence holder who makes or authorises a supply of alcohol under such a licence;
(d) “relevant person” means, in relation to premises in respect of which there is in force a club premises certificate, any member or officer of the club present on the premises in a capacity which enables the member or officer to prevent the supply in question; and
(e) “value added tax” means value added tax charged in accordance with the Value Added Tax Act 1994
Mandatory Licensing Conditions from 1st October 2014
1.-(1) The responsible person must ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.
(2) In this paragraph, an irresponsible promotion means any one or more of the following activities, or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises-
(a) games or other activities which require or encourage, or are designed to require or encourage, individuals to-
(i) drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises before the cessation of the period in which the responsible person is authorised to sell or supply alcohol), or
(ii) drink as much alcohol as possible (whether within a time limit or otherwise);
(b) provision of unlimited or unspecified quantities of alcohol free or for a fixed or discounted fee to the public or to a group defined by a particular characteristic in a manner which carries a significant risk of undermining a licensing objective;
(c) provision of free or discounted alcohol or any other thing as a prize to encourage or reward the purchase and consumption of alcohol over a period of 24 hours or less in a manner which carries a significant risk of undermining a licensing objective;
(d) selling or supplying alcohol in association with promotional posters or flyers on, or in the vicinity of, the premises which can reasonably be considered to condone, encourage or glamorise anti-social behaviour or to refer to the effects of drunkenness in any favourable manner;
(e) dispensing alcohol directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of disability).
2. The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.
3.-(1) The premises licence holder or club premises certificate holder must ensure that an age verification policy is adopted in respect of the premises in relation to the sale or supply of alcohol.
(2) The designated premises supervisor in relation to the premises licence must ensure that the supply of alcohol at the premises is carried on in accordance with the age verification policy.
(3) The policy must require individuals who appear to the responsible person to be under 18 years of age (or such older age as may be specified in the policy) to produce on request, before being served alcohol, identification bearing their photograph, date of birth and either-
(a) a holographic mark, or
(b) an ultraviolet feature.
4. The responsible person must ensure that-
(a) where any of the following alcoholic drinks is sold or supplied for consumption on the premises (other than alcoholic drinks sold or supplied having been made up in advance ready for sale or supply in a securely closed container) it is available to customers in the following measures-
(i) beer or cider: ½ pint;
(ii) gin, rum, vodka or whisky: 25 ml or 35 ml; and
(iii) still wine in a glass: 125 ml;
(b) these measures are displayed in a menu, price list or other printed material which is
available to customers on the premises; and
(c) where a customer does not in relation to a sale of alcohol specify the quantity of alcohol to be sold, the customer is made aware that these measures are available.
Annex 2
Conditions agreed with Licensing Authority following a Minor Variation Application submitted on 16th January 2018:
General
1. Staff training
The Premises Licence Holder (PLH) or Designated Premises Supervisor (DPS) will ensure all staff employed at the venue are aware of the law and their responsibilities under the Licensing Act. Staff must undertake training in licensing law, such as the BIIAB Award in Responsible Alcohol Retailing or any other recognised training courses. All new staff must receive this training within 3 months of commencing employment at the premises. Refresher training must be given every 12 months.
The venue will maintain a written record of this training, detailing what date completed, when refresher is due/date refresher completed. What type of training provided. All staff receiving this training will sign this document to say the above has been provided and completed. This record will be made available to the Police/Council on request.
2. Designated Premises Supervisor (DPS)
The DPS to give the police 7 days’ notice of any absence from the premises of more than 7 days. i.e. holidays and nominate who will be the responsible person in charge whilst away.
3. Pubwatch
DPS and/or PLH will be a member of the Pubwatch scheme and attend meetings on a regular basis.
4. Personal Licence Holder to be on Premise at All Times
A Personal Licence Holder must be present at the premises at all times licensable activities, live music (amplified or unamplified), recorded music or any other types of entertainment (amplified or unamplified) are taking place.
5. Nite-net radio
The premise will use the Oldham Nite-Net Radio system, which must be operational whilst they are open for business.
6. Last Entry to Premise
Whilst the premise is open for business there shall be no new entries to the premises by members of the public after 02:30 hours.
The Prevention of Crime and Disorder
7. CCTV
A tamper-proof digital colour CCTV system must be installed and maintained at the premises to the satisfaction of Greater Manchester Police.
The system must run and record continuously for 24 hours a day, 7 days per week and recorded footage must be stored for a minimum of 31 days.
The system must provide a clear head and shoulders view to an evidential quality on every entry/exit route and within any other vulnerable areas as identified by Greater Manchester Police.
Recorded footage must be provided to a representative of any responsible authority on request. Such footage must be provided in an immediately viewable format and must include any software etc. which is required to view the footage. Any discs, portable drives or other storage media onto which footage is transferred must be provided by the premises and sufficient stock of such storage media must be kept on the premises at all times.
A member of staff who is trained to operate the system and supply footage must be present at the premises at all times when licensable activities are taking place.
The Designated Premises Supervisor must ensure that the CCTV system is checked at least once every week by a suitably trained member of staff. This check must include;
the operation of the cameras
the recording facilities
the facilities for providing footage
the accuracy of the time & date
A written record of these checks must be kept, including a signature of the person carrying out the check. This written record must be kept on the premises at all times and made available to a representative of any responsible authority on request.
Suitable signage informing customers that a CCTV system is in operation must be placed in prominent positions within the premises, to comply with the Data Protection Act and the Human Rights act.
8. Door Staff
A minimum of 6 SIA registered door supervisors shall be employed at the premises on whilst it is open for licensable activities and remain on duty until 20 minutes after the premises closes. Door supervisors will wear high visibility armbands. The SIA licence shall be visible to members of the public, police and licensing officers. If the number of patrons exceeds 600 then the Premises Licence Holder and/or Designated premises Supervisor will as a minimum increase the door staff by 1 per 100 customers.
9. Door Staff Policy
The management shall produce and implement a written Door Supervisor Policy which includes details of disciplinary procedures, and the management’s expectations as to the behaviour and professionalism of the door staff. This policy will be submitted to GMP and the Licensing Manager for approval. Any subsequent changes to this policy must also be approved.
10. Door Staff Log
A Door Supervisor Log shall be correctly maintained at the premises. This will include the following details:
a) The door staff names, dates of birth and home addresses;
b) Full details, name, address and contact number of employment agency used
And for each individual daily period of trading:
The name of the individual member of door staff
His/her Security Industry Authority licence number
The time and date He/she starts and finishes duty
The time of any breaks taken whilst on duty
Each entry shall be signed by the door supervisor, DPS or nominated person
11. Search Policy
The premises will operate with a zero tolerance approach to drugs and weapons. The management shall produce and implement a Search Policy. We will proactively search for and seize any drugs or weapons for safe handover as agreed with GMP. This policy will be submitted to GMP and the Licensing Manager for approval. Any subsequent changes to this policy must also be approved.
A notice will be displayed at the entrance advising customers of our search policy & dress code.
12. Drug Policy
The management of the premises must introduce a strict “zero tolerance” written policy in respect of the use and/or supply of illegal drugs on the premises. The policy to include checks of the toilet areas every half-hour whilst the premises are open and suitable signage to be placed in prominent areas within the premises. This policy will be submitted to GMP and the Licensing Manager for approval. Any subsequent changes to this policy must also be approved.
13. Excluded Individuals
Excluded individuals will be denied entry into the premises (excluded individuals include those subject to court orders which prohibit the movement of convicted persons, such as Criminal Behaviour Orders (CBO), Pubwatch exclusions and those excluded by the premise licence holder or DPS)
14. Incident Book
An incident book (with the pages numbered sequentially) must be kept on the premises and be made available for inspection by responsible authorities. The incident book must be used to record the following:
a) Any incident of violence or disorder on or immediately outside the premises
b) Any incident involving controlled drugs (supply/possession/influence) on the premises
c) Any other crime or criminal activity on the premises
d) Any refusal to serve alcohol to persons who are drunk (On sale and off sale premises only)
e) Any refusal to serve alcohol to under 18’s or anyone who appears to be under 18
f) Any call for police assistance to the premises
g) Any ejection from the premises
h) Any first aid/other care given to a customer
Public Safety
15. Use of Polycarbonate Glassware
All glassware used in the premises must be of Polycarbonate type. Any drinks served in bottles must be in plastic bottles only. All drinks from glass bottles to be decanted into polycarbonate containers.
Protection of children from harm
16. Challenge 25 scheme
A documented Challenge 25 scheme will be operated at the premises. The Challenge 25 scheme shall be actively promoted and advertised at the premises and will ensure that any person purchasing alcohol, who appears to be under 25 years of age, shall be asked to provide acceptable identification to prove that they are 18 years of age or over. Failure to supply such identification will result in no sale or supply of alcohol to that person.
The Proof of Age Standards Scheme (PASS) will be actively promoted at the premises by the display of Challenge 25 posters bearing the PASS logo.
A PASS card must be accepted as proof of age if a purchaser possesses one. Where a purchaser does not possess a PASS accredited proof of age card, only the following alternative forms of alternative identification will be acceptable:-
(a) Photo driving licence
(b) Passport or
(c) Her Majesty’s Forces Warrant Card
17. No persons under the age of 18 are permitted on the premises whilst licensable activities are in operation.
18. Adult Entertainment
No entertainment or activity of an adult or sexual nature will take place within the premises.
The Prevention of Public Nuisance
19. All drinks shall be consumed on the first floor of the premises and will not be taken outside nor consumed in the doorway. A notice to this effect shall be displayed at the premises.
20. All doors and windows shall remain closed whilst regulated entertainment is taking place at the premises. The only exception to this is for the access and egress of customers.
21. Notices will be placed in the area used for smoking requesting that customers using the area are quiet, respecting the needs of local residents.
22. Notices will be placed at the exit of the premises requiring customers to leave quietly.
23. On the days when licensable activity takes place at the premises, the Premises License Holder/DPS shall ensure that the curtilage of the premises, and areas at the side and front of the premises are cleared of any refuse which may have been left by customers using the premises. For this purpose, rubbish includes cigarettes and the remains of cigarettes. Such rubbish will be cleared away as soon as reasonably practicable after the premise has closed and in any case before the last member of staff has left.
Annex 3 - Conditions attached after a hearing by the licensing authority
“A minimum of 3 SIA Registered Door Supervisors will be on duty at the premises from 2300 hours until close on Fridays and Saturdays. The requirement for additional door Supervisors at all other times will be risk assessed and door Supervisors will be employed at such times and in such numbers as deemed necessary by the risk assessment.
The premises licence holder will enter into and adhere to a drinks promotion Protocol with Oldham Council Trading Standards. This Protocol will set out how the premises licence holder will risk assess particular types of promotion, if they are to be run at all, and what measures it will take in light of this risk assessment”.
The premises shall install and maintain a comprehensive digital CCTV system. The system shall continuously record whilst the premises is open for licensable activities and during all times when customers remain on the premises. All CCTV recordings shall be stored for a minimum period of 31 days and recordings shall be made available following a request of the Police Service. A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times when the premises is open to the public.
Annex 4 - Embedded Conditions
On-licences
Alcohol shall not be sold or supplied except during permitted hours.
In this condition, permitted hours means:
g. On New Year’s Eve from the end of permitted hours on New Year’s Eve to the start of permitted hours on the following day (or, if there are no permitted hours on the following day, midnight on 31st December).